If I am currently married and my husband is in mMexico for the immigration visa process, am I able to file divorce?

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If I am currently married and my husband is in mMexico for the immigration visa process, am I able to file divorce?

Asked on December 6, 2011 under Immigration Law, Indiana

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your husband trying to get a visa on the basis of your marriage to him?  And at the same time you are trying to file for divorce?  If that is the case, you can file for divorce but the husband would need to be properly notified and he would not longer be eligible for an immigrant spouse visa if you are no longer in a bona fide marital relationship.


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